Findings - CC - 2020 - DR-69-19 - Mod Rooftop Patio Of Multi-Tenant Office Bldg In Lakemoor Sub No 8BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR A ROOFTOP
PATIO FOR A MULTI -TENANT OFFICE
(BUSINESS AND PROFESSIONAL, MEDICAL
AND DENTAL) AND PERSONAL SERVICES
BUILDING FOR C&O DEVELOPMENT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-69-19 MOD
The above -entitled design review application came before the Eagle City Council for their action on July
14, 2020. The Eagle City Council having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
C&O Development, represented by Rory Heggie with CSHQA, is requesting design review approval
to construct an 1,100-squre foot rooftop patio for a 49,968-square foot multi -tenant office (business and
professional, medical and dental) and personal services building (1st Floor = 16,609-square feet, 2'
Floor = 16,858-square feet, and 3rd Floor = 16,501-square feet). The 3.8-acre site is located on the east
side of North Eagle Road approximately 290-feet south of East Eagles Gate Drive within the proposed
Lakemoor Subdivision No. 8.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 23, 2020. A revised roof plan and
building elevations were received on May 18, 2020.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on May 1, 2020, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 22, 2003, the City Council approved a Comprehensive Plan Amendment (CPA-4-02) to change
the land use designation on the Comprehensive Plan Land Use Map from Residential Two (up to two
dwelling units per acre) to Mixed Use, an annexation and rezone (A-3-02 & RZ-5-02) from RUT (Rural
Urban Transitional) to MU-DA (Mixed Use with Development Agreement) and a rezone from R-2
(Residential -up to two dwelling units per acre) to MU-DA (Mixed Use with Development Agreement)
for this site for B.W. Eagle, Inc.
On June 19, 2007, the City Council approved a modification to the development agreement for DMB
Investments, LLC, and Eagle Lifestyle Center, LLC, by amending and restating the original
development agreement (recorded as Instrument No. 105048971) (RZ-05-02 MOD).
On August 9, 2016, the City Council approved a rezone with development agreement, development
agreement modification, (development agreement in lieu of a PUD), and a preliminary plat
modification for a 409-lot (existing platted 223 residential, 14 commercial, and 21 common [7 private
road]; proposed 117 residential lots [32 attached], 16 commercial lots, 18 common lots [3 private street
lots and 1 utility lot]) for DMB Investments/B.W. Eagle, Inc. (RZ-03-16/RZ-05-02 MOD4 and PP-03-
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05 MOD2).
On January 22, 2019, the City Council approved the final plat for Lakemoor Subdivision No. 8 for DA
Land, Inc. (FP-02-19).
On January 22, 2019, the City approved a design review application for the common area landscaping
within Lakemoor Subdivision No. 8 (DR-56-18).
On January 14, 2020, the City Council approved a design review application for a multi -tenant office
(business and professional, medical and dental), clinic, and personal services building for C&O
Development within Lakemoor Subdivision No. 8 (DR-69-19).
For additional property history see: RZ-05-02, PP-03-05, PP-03-05 MOD, RZ-05-02 MOD2, FP-08-
15, RZ-05-02 MOD3, FP-02-16, RZ-05-02 MODS, FP-03-1 7, and FP-11-17.
E. COMPANION APPLICATIONS: None.
F. LAND USE DESIGNATION: Office (business and professional, medical and dental) and personal
services.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use and MU-DA (Mixed Use with a Multi -tenant office (business
Scenic Corridor development agreement in and professional, medical and
lieu of a PUD) dental), clinic, and personal
services building
Proposed No Change No change No change
North of site Mixed Use and
Scenic Corridor
South of site
Mixed Use and
Scenic Corridor
MU-DA (Mixed Use with a
development agreement in
lieu of a PUD)
Vacant land (Lakemoor
Subdivision No. 8) and East
Eagles Gate Drive)
R-1 (Residential) Vacant land and single-family
residential
East of site Mixed Use and MU-DA (Mixed Use with a Single-family residential
Scenic Corridor development agreement in (Lakemoor Subdivision No. 8)
lieu of a PUD)
West of site Neighborhood R-2-P and R-1-P (Residential North Eagle Road, Banbury
Residential, Large Planned Unit Development) Golf Course, and single-family
Lot Residential and residential (Banbury Meadows
Scenic Corridor Subdivision No. 2 and Banbury
Subdivision No. 1)
H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
I. URBAN RENEWAL DISTRICT: No.
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J. EXISTING SITE CHARACTERISTICS:
The site has been developed with curb, gutter, sidewalk, and a proposed 8-foot wide landscape strip
with retaining wall along South Stone Way as part of street improvements for Lakemoor Subdivision
No. 8.
K. SITE DATA: No change.
SITE DATA
Total Acreage of Site
Percentage of Site Devoted
to Building Coverage
Percentage of Site Devoted
to Landscaping
Number of Parking Spaces
Front Setback (West)
Rear Setback (East)
Street Side Setback (North)
Side Setback (South)
PROPOSED
3.80-acres (166,826-square feet)
10% (approximately)
24% (approximately)
241-parking spaces
82-feet
210-feet
94-feet
62-feet
REQUIRED
5,000-square feet (minimum)
50% (maximum)
10% (minimum)
Dependent on square footage per
use (minimum)
20-feet (minimum)
20-feet (minimum)
20-feet (minimum)
7.5-feet (minimum)
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: No change.
The applicant is proposing to construct one (1) rooftop patio for the previously approved multi -tenant
building with DR-69-19, to be utilized for office (business and professional, medical and dental), and
personal services.
Height and Number of Stories of Proposed Buildings: Rooftop Patio: 8-feet (from the roof floor to the
top of the lower mechanical parapet wall).
Previously approved Multi -tenant Building with DR-69-19: 42-feet, three-story. (48-feet to the top of
the lower mechanical parapet wall and 54-feet to the top of the higher mechanical parapet wall).
Gross Floor Area of Proposed Buildings: 1,100-square feet added to the original 49,968-square feet.
Office Building =
Originally approved
First Floor - 16,609-SF
Second Floor - 16,858-SF
Third Floor - 16,501-SF
Total - 49,968-SF
Proposed change
First Floor - 16,609-SF
Second Floor - 16,858-SF
Third Floor - 16,501-SF
Rooftop Patio - 1,100-SF
Total - 51,068-SF
On and Off -Site Circulation: No change.
An 86,678-square foot (approximately) paved parking lot provides parking for vehicles using this site.
One 24-foot wide driveway is located at the north property line and provides shared drive aisle access
to East Eagles Gate Drive. One 30-foot wide driveway is located on the proposed east property line and
provides access to South Stone Way.
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M. BUILDING DESIGN FEATURES:
ROOFTOP PATIO:
Walls: "Wood" Aluminum metal panel Longboard siding (Light Cherry), corrugated metal mechanical
parapet (Dark Gray), stucco (Brown — Umber SW6146)
Fascia/Trim/Trellis/Railing: Metal (black anodized)
BUILDING: No change.
Roof: TPO (White)
Walls: "Wood" Aluminum Longboard siding (Light Cherry), Metal panels (anodized Dark Bronze),
corrugated metal mechanical parapet (Dark Gray), stone siding (York Limestone)
Windows/Doors: Clear glass, metal doors and mullions (black anodized)
Fascia/Trim: Metal (black anodized), wood (SW 9099 Saddle Up)
N. LANDSCAPING DESIGN: No change.
Retention of Existing Trees and Preservation Methods: None.
Tree Replacement Calculations: N/A.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along South Stone Way and were approved with DR-56-18
within Lakemoor Subdivision No. 8.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 10% interior landscaping is required, 11 % is proposed.
O. TRASH ENCLOSURES: No change.
One (1) 216-square foot trash enclosure is proposed to be located southeast of the building. The
enclosure is constructed of CMU with stucco and metal gates; all of which will match the materials and
colors used in the construction of the building.
P. MECHANICAL UNITS: No change.
The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units
are proposed to be screened by parapet walls. No ground mounted mechanical units are proposed and
none are approved.
Q. OUTDOOR LIGHTING:
A building elevation showing location, style, and wattage of all rooftop patio lighting has been
provided. Detailed lighting cutsheets have been provided which comply with Eagle City Code Section
8-4-4-2.
R. SIGNAGE: No change.
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved by the Zoning Administrator prior to issuance of any building permits.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from the Eagle Fire Department has been received by the City. A water
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service approval has not been received to date. The site is located within the Eagle Fire Protection
District, the Suez Water Service Area and within the boundaries of the Eagle Sewer District.
T. PUBLIC USES PROPOSED: None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
V. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees — no
Riparian Vegetation — yes, adjacent to Kids Creek running adjacent to the southern portion of the site.
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required.
X. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Ada County Highway District
Eagle Fire Department
Idaho Transportation Department
Marathon Petroleum (fka Andeavor & Tesoro Logistics NW Pipeline)
Y. LETTERS FROM THE PUBLIC: None received to date.
THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF
ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential. Residential
densities within the designation is up to 20 units per acre but density will be determined on a site by
site basis. Uses should complement and not take way from downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or development agreement
process. See the planning area text for a complete description of site specific uses.
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B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
3.4 Area E, depicted on Exhibit A2, may be developed similar to the commercial uses proposed to
be developed by Owner within Area D (except as limited in Section 3.09 below). If Owner does
so develop Area E, buildings up to a maximum 50,000-square feet each are permitted for this
Area E and multiple buildings are permitted to be located on the same lot, provided however, that
the maximum lot coverage requirements stated in Eagle City Code are not exceeded. The
maximum height of commercial buildings shall be 50-feet; non -habitable architectural elements
shall be a maximum height of 60-feet. If Area E does not become an expansion of the commercial
uses proposed to be developed within Area D, Area E shall be developed as provided in Section
3.5 below.
3.5 If Area E of the property, as depicted on Exhibit A2, does not become an expansion of the
commercial uses proposed to be developed within Area D as provided in Section 3.4 above, Area
E is to be developed by Owner with a combination of any office and retail uses allowed within
Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the MU zoning
designation (except as limited in Section 3.09 below), a copy of which is attached as Exhibit C.
Buildings up to a maximum 50,000-square feet each are permitted for this area. This square foot
limitation does not apply to Fitness/Indoor Recreation Facilities, Education Facilities, and Hotels.
The maximum height of Hotels and Office Buildings shall be 50-feet; non -habitable architectural
elements shall be a maximum height of 60 feet. Multiple buildings are permitted to be located on
the same lot, provided however, that the maximum lot coverage requirements stated in Eagle City
Code are not exceeded.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi -family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-6(B)(1): Exterior walls and soffits:
k. Metal: Metal siding shall be anodized, shall have a concealed fastener system, shall have a silicon
polyester finish or equivalent, and shall include special design treatments to enhance its appearance.
These treatments may include brick or masonry wainscot treatments along exterior walls and accent
colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes sections within
the front facade that may be perpendicular to the road but within the face of the building oriented
toward the road.
A waiver of this subsection B 1 k on metal siding may be allowed where the applicant shows that
the metal is architecturally compatible with surrounding buildings; is architecturally compatible
with other nonmetal buildings in the city; and is attractively landscaped, designed, and situated, to
eliminate the stark utilitarian look intended to be prevented by this subsection.
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In addition to the metal siding prohibition listed in this subsection Blk, metal siding shall be
prohibited in the DDA, TDA, CEDA design review overlay district areas.
D. DISCUSSION:
• The applicant is requesting design review approval to construct an 1,100-square foot rooftop patio
atop the previously approved three-story, multi -tenant office (business and professional, medical
and dental) and personal services building within DR-69-19. The applicant's justification letter
states that the rooftop patio elements and features are held below the fifty foot (50') height
limitations of the Lakemoor Subdivision development agreement. The rooftop patio space will
provide ingress through the elevator and egress through both stair towers shown on the roof plan
(Sheet DI), south and northwest of the proposed rooftop patio. The rooftop patio elevations (Sheet
D3.1), identify rooftop pavers, a metal trellis and railing (black anodized), "wood" aluminum metal
panel longboard siding (Light Cherry), and metal ribbed siding for mechanical screening (Dark
Gray), all materials are a continuation of the of the overall building design that consists of a
combination of glass, metal, wood, and stone. Staff defers comment regarding the roof top patio to
the Design Review Board.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends the application be approved with
the site specific conditions of approval and the standard conditions of approval provided below.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on June 11, 2020, at
which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
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C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 01:15)
• The Board moved the application to the consent agenda based on the staff recommendation and the
applicant was in agreement with the recommended conditions of approval.
BOARD DECISION:
The Board voted 5 to 0 (Duperault recused, Baer absent) to recommend approval of DR-69-19 MOD for a
design review application to construct an 1,100-square foot rooftop patio for a 49,968-square foot multi -
tenant office (business and professional, medical and dental) and personal services building (1S1 Floor =
16,609-square feet, 2' Floor = 16,858-square feet, and 3rd Floor = 16,501-square feet) within Lakemoor
Subdivision No. 8 for C & 0 Development, with the following staff recommended site specific conditions
of approval and standard conditions of approval provided within the findings of fact and conclusions of law
document, dated June 25, 2020.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on July 14, 2020, at which time
the Council made their decision.
B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-69-19 MOD for a design review application to construct an 1,100-
square foot rooftop patio for a 49,968-square foot multi -tenant office (business and professional, medical
and dental) and personal services building (1st Floor = 16,609-square feet, 2' Floor = 16,858-square feet,
and 3rd Floor = 16,501-square feet) within Lakemoor Subdivision No. 8 for C & 0 Development, with the
following Design Review Board recommended site specific conditions of approval and standard conditions
of approval with text shown with underline to be added by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-05-02, PP-03-05, FP-02-19, DR-56-18, DR-69-19, and
any subsequent modifications.
2. All rooftop patio lighting shall be screened from view and shall comply with Eagle City Code 8-4-4-2.
3. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
4. No ground mounted mechanical units are proposed with this application and none are approved.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
7. No signs are proposed with this application and none are approved.
8. All non-attached shade structures (i.e. umbrellas) are prohibited. Any attached shade structures
proposed shall be reviewed and approved by staff and one member of the Design Review Board prior
to installation.
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NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs, gutters,
streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be
submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on -site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company, ditch association, drainage district, drainage entity,
or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the entity. A
Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the
existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure
any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho
Standards for Public Works Construction. A copy of such written approval and certification shall be
filed with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
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9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or for any ditch, pipe or other structure, or canal, or drain, used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation
entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the
City Clerk signing the final plat.
10. Streetlight plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining streetlight fixtures, conduit and wiring lying outside any dedicated public,
prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. Whether
located inside or outside of the public the perpetual maintenance of the streetlights shall be the
responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business
owner's association, whichever the case may be. The applicant shall pay applicable streetlight
inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City
Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights
used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining
property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire
Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the
City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The
letter shall include the following comments and minimum requirements, and any other items of concern
as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit
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or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise River
Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those required
by the above conditions, will require submittal of an application for modification and approval of that
application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use
is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the City Council approval date).
26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-69-19 MOD) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
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concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and a rooftop patio for a previously approved multi -tenant office (business and
professional, medical and dental) and personal services building is permitted with the approval of
a design review application within the MU-DA (Mixed Use with a development agreement in lieu
of a PUD) zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed rooftop patio continues the design with
materials and colors of the previously approved multi -tenant building associated with a modem
view of the "Prairie School" style architecture which complements the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the rooftop patio does not require any additional
parking and the site has on -site parking within the Lakemoor Subdivision and meets the required
parking for the proposed use;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and City,
and where possible, enhance the continuity of thematically common architectural features since the
proposed rooftop patio has been designed with quality materials that are continued from the
previously approved multi -tenant building, and will harmonize with the proposed
retail/restaurant/office buildings within the vicinity;
E. Will have features and other physical improvements that are designed as a whole, when viewed
alone as well as in relationship to surrounding buildings and settings since the proposed building is
in conformance with the Eagle Architecture and Site Design book and has been designed to
complement the proposed retail/restaurant/office buildings in the vicinity;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed building and rooftop patio are in conformance with the required
setbacks and height regulations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the site has been
designed with sidewalks and pathways that provide pedestrian connectivity within the site and
access to the other pad sites within other phases of Lakemoor Subdivision;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable commercial center in the area since there
is a sidewalk that connects to other pad sites along North Eagle Road within Lakemoor Subdivision;
and
I. No signs are proposed with this application. All signs, if approved, will be required to be
harmonious with the architectural design of the building and will not cover or detract from the
desirable architectural features.
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K:1Ptanning Dept\Eagle Applications1Dr120191DR-69-19 MOD Rooftop Patio for Multi -tenant Office Bldg in Lakemoor Sub No 8 ccfdocx
DATED this 14'1' day of July 2020.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ason P}Ierce, Mayor
ATTEST:
Sharon K. Bergmann, Ea le City Clerk
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